Transamerica Life Insurance Company v. Jurin et al

Filing 48

ORDER GRANTING PLAINTIFF'S REQUEST FOR LEAVE TO FILE SUPPLEMENTAL BRIEFING REGARDING DEFENDANTS' MOTION TO DISMISS OR, ALTERNATIVELY, TO STAY THIS ACTION. Transamerica must file supplemental briefing by November 3, 2014. Mr. Jurin and Mr. Crea must file by November 10, 2014. Signed by Magistrate Judge Laurel Beeler on 10/28/2014.(lblc2, COURT STAFF) (Filed on 10/28/2014)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
TRANSAMERICA LIFE INSURANCE
COMPANY,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,
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v.
GREGORY L. JURIN, et al.,

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Defendants.

No. C 14-01881 LB
ORDER GRANTING PLAINTIFF’S
REQUEST FOR LEAVE TO FILE
SUPPLEMENTAL BRIEFING
REGARDING DEFENDANTS’
MOTION TO DISMISS OR,
ALTERNATIVELY, TO STAY THIS
ACTION

_____________________________________/
In this action (Case No. C14-01881 LB), Plaintiff Transamerica Life Insurance Company has

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sued Gregory Jurin and James McCrea, alleging that they engaged in fraud and conspiracy to

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commit fraud by claiming benefits under Mr. Jurin’s policy with Transamerica for long term care

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insurance. Transamerica seeks declaratory judgment that Mr. Jurin is not entitled to the benefits and

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damages for payments he allegedly fraudulently obtained. Mr. Jurin and Mr. McCrea moved to

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dismiss Transamerica’s declaratory relief action on several grounds, including that the court should

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dismiss or, alternatively, stay the action in favor of a second action (formerly Case No. C14-02882

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LB) that Mr. Jurin subsequently filed against Transamerica and Dr. Mohinder Nijjar in state court.

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After Mr. Jurin and Mr. McCrea filed their motion to dismiss or stay, but before the court ruled

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on it, Transamerica removed the second action from state court to this court. In its order denying the

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motion, the court found the parties’ arguments about whether the court should dismiss or stay the

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action in favor of the (former) state court action to be moot in light of that action being removed to

C 14-01881 LB
ORDER

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federal court, so the court never addressed this issue.
Mr. Jurin then filed a motion to remand the second action back to state court. After that action
was reassigned to the undersigned, the court granted that motion and remanded the action.
In light of the court’s remanding the second action back to state court, Mr. Jurin and Mr. McCrea
filed in this action a motion for leave to file a motion for reconsideration. See Motion, ECF No. 42.

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The court agreed with Mr. Jurin and Mr. McCrea that consideration of the parties’ arguments about

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whether the court should dismiss or stay the action in favor of the state court action is warranted.

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Rather than have Mr. Jurin and Mr. McCrea file a motion for reconsideration, and given that the

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parties already addressed this issue in their briefs in support of and in opposition to Mr. Jurin and

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Mr. McCrea’s motion to dismiss or stay, the court issued an order stating that it will simply look

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back at that briefing and revisit those arguments. See 10/06/14 Order, ECF No. 45.

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Nevertheless, Transamerica now has filed a request for leave to submit supplement briefing to

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“address the elements of a request to stay” and provide the court “with additional authorities to

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support its position.” Motion for Leave to File Supplemental Briefing Regarding Defendant Jurin’s

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Request to Stay Case, ECF No. 46 at 1-2. Regarding this new request, the court still thinks that the

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original briefing is sufficient to address the issue about dismissing or staying the case and the court

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will review those briefs when addressing the issue. Nonetheless, the court will allow each party an

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additional three double-spaced pages, only to “address the elements of a request to stay” and provide

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the court “with additional authorities to support its position.” Id.

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Transamerica must file supplemental briefing by November 3, 2014. Mr. Jurin and Mr. Crea
must file by November 10, 2014.
IT IS SO ORDERED.
Dated: October 28, 2014
_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 14-01881 LB
ORDER

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